Terms and Conditions

Terms
and Conditions

Welcome to the Waltzingmouse
Stamps website. This page (together with the documents referred to on
it) tells you the terms and conditions on which we supply any of the
products (Products)
listed on our website www.waltzingmousestamps.com
(our
site) to you. Please read these terms and
conditions carefully and make sure that you understand them, before
ordering any Products from our site. You should understand that by
ordering any of our Products, you agree to be bound by these terms
and conditions.

You should print a copy of these
terms and conditions for future reference.

By continuing to browse and use
our site you are agreeing to accept and comply and be bound by our
terms and conditions.

After
placing an order, you will receive an e-mail from us acknowledging
that we have received your order. Please note that this does not
mean that your order has been accepted. Your order constitutes an
offer to us to buy a Product. All orders are subject to acceptance
by us, and we will confirm such acceptance to you by sending you an
e-mail that confirms that the Product has been dispatched (Dispatch
Confirmation).
The contract between us (Contract)
will only be formed when we send you the Dispatch Confirmation.

3.2 The
Contract will relate only to those Products whose dispatch we have
confirmed in the Dispatch Confirmation. We will not be obliged to
supply any other Products which may have been part of your order
until the dispatch of such Products has been confirmed in a separate
Dispatch Confirmation.

Consumer
rights

If
you are contracting as a consumer, you may cancel a Contract at any
time within seven working days, beginning on the day after you
received the Products. In this case, you will receive a full
refund of the price paid for the Products in accordance with our
refunds policy (set out in clause 8 below).

To
cancel a Contract, you must inform us in writing. You must also
return the Products to us as soon as reasonably practicable, and at
your own cost. You have a legal obligation to take reasonable care
of the Products while they are in your possession. If you fail to
comply with this obligation, we may have a right of action against
you for compensation.

You
will not have any right to cancel a Contract for the supply of any
of the following Products:

Digital Products

Availability
and delivery

Your order
will be fulfilled as soon as possible and within 30 days of the date of the Dispatch Confirmation, unless
there are exceptional circumstances. Backordered items may require extra time as these items are out of stock at time of ordering.

Risk and
title

The
Products will be your responsibility from the time of delivery.

Ownership
of the Products will only pass to you when we receive full payment
of all sums due in respect of the Products, including delivery
charges.

Price and
payment

The
price of the Products and our delivery charges will be as quoted on
our site from time to time, except in cases of obvious error.

Product
prices include VAT if applicable. However, if the rate of VAT changes between the
date of your order and the date of delivery, we will adjust the VAT
you pay, unless you have already paid for the Products in full
before the change in VAT takes effect.

Product
prices and delivery charges are liable to change at any time, but
changes will not affect orders in respect of which we have already
sent you a Dispatch Confirmation.

Our
site contains a large number of Products and it is always possible
that, despite our best efforts, some of the Products listed on our
site may be incorrectly priced. We will normally verify prices as
part of our dispatch procedures so that, where a Product's correct
price is less than our stated price, we will charge the lower
amount when dispatching the Product to you. If a Product’s
correct price is higher than the price stated on our site, we will
normally, at our discretion, either contact you for instructions
before dispatching the Product, or reject your order and notify you
that we are rejecting it.

If
the pricing error is obvious and unmistakeable and could have
reasonably recognised by you as an error, we do not have to provide
the Products to you at the incorrect (lower) price.

Payment
for all Products must be made through PayPal, our payment gateway. It is possible to use Credit cards and debit cards in the PayPal gateway even if you don't have a PayPal account. Please see the PayPal site for information on which cards may be used at this time.

Our
refunds policy

If
you return a Product to us:

because
you have cancelled the Contract between us within the seven-day
cooling-off period (see clause .1
above), we will process the refund due to you as soon as possible
and, in any case, within 30 days of the day on which you gave us
notice of cancellation. In this case, we will refund the price of
the Product in full, and any applicable delivery charges. However,
you will be responsible for the cost of returning the item to us.

for
any other reason (for instance, because you have notified us in
accordance with clause 19 that you do not agree to a change in
these terms and conditions or in any of our policies, or because
you consider that the Product is defective), we will examine the
returned Product and will notify you of your refund via e-mail
within a reasonable period of time. We will usually process the
refund due to you as soon as possible and, in any case, within
30 days of the day we confirmed to you via e-mail that you
were entitled to a refund. We will refund the price of a defective
Product in full, any applicable delivery charges and any
reasonable costs you incur in returning the item to us.

We
will usually refund any money received from you using the same
method originally used by you to pay for your purchase.

Warranty

We warrant to
you that any Product purchased from us through our site will, on
delivery, conform in all material respects with its description, be
of satisfactory quality, and be reasonably fit for all the purposes
for which products of that kind are commonly supplied.

Our
liability

Subject
to clause .3,
if we fail to comply with these terms and conditions, we shall only
be liable to you for the purchase price of the Products.

Subject
to clause .3,
we will not be liable for losses that result from our failure to
comply with these terms and conditions that fall into the following
categories even if such losses result from our deliberate breach:

loss
of income or revenue;

loss
of business;

loss
of profits;

loss
of anticipated savings;

loss
of data; or

waste
of management or office time.

However, this
clause .2
will not prevent claims for loss of or damage to your physical
property that are foreseeable or any other claims for direct loss
that are not excluded by categories (a) to (f) inclusive of this
clause .2.

Nothing
in this agreement excludes or limits our liability for:

death
or personal injury caused by our negligence;

fraud
or fraudulent misrepresentation;

any
breach of the obligations implied by section 12 of the Sale of
Goods Act 1979 or section 2 of the Supply of Goods and Services
Act 1982;

defective
products under the Consumer Protection Act 1987; or

any
other matter for which it would be illegal for us to exclude or
attempt to exclude our liability.

Import
duty

If
you order Products from our site for delivery outside the UK, they
may be subject to import duties and taxes which are levied when the
delivery reaches the specified destination. You will be
responsible for payment of any such import duties and taxes.
Please note that we have no control over these charges and cannot
predict their amount. Please contact your local customs office for
further information before placing your order.

Please
also note that you must comply with all applicable laws and
regulations of the country for which the products are destined. We
will not be liable for any breach by you of any such laws.

Written
communications

Applicable
laws require that some of the information or communications we send
to you should be in writing. When using our site, you accept that
communication with us will be mainly electronic. We will contact you
by e-mail or provide you with information by posting notices on our
website. For contractual purposes, you agree to this electronic
means of communication and you acknowledge that all contracts,
notices, information and other communications that we provide to you
electronically comply with any legal requirement that such
communications be in writing. This condition does not affect your
statutory rights.

Notices

All notices
given by you to us must be given to Waltzingmouse Stamps at 25 Greenburn Way, Lisburn, County Antrim, Northern Ireland, BT27 4LT. We may give notice to you at either the e-mail or
postal address you provide to us when placing an order, or in any of
the ways specified in clause 12 above. Notice will be deemed
received and properly served immediately when posted on our website,
24 hours after an e-mail is sent, or three days after the
date of posting of any letter. In proving the service of any notice,
it will be sufficient to prove, in the case of a letter, that such
letter was properly addressed, stamped and placed in the post and, in
the case of an e-mail, that such e-mail was sent to the specified
e-mail address of the addressee.

Transfer
of rights and obligations

The
contract between you and us is binding on you and us and on our
respective successors and assignees.

You
may not transfer, assign, charge or otherwise dispose of a
Contract, or any of your rights or obligations arising under it,
without our prior written consent.

We
may transfer, assign, charge, sub-contract or otherwise dispose of
a Contract, or any of our rights or obligations arising under it,
at any time during the term of the Contract.

Events
outside our control

We
will not be liable or responsible for any failure to perform, or
delay in performance of, any of our obligations under a Contract
that is caused by events outside our reasonable control (Force
Majeure Event).

A
Force Majeure Event includes any act, event, non-happening,
omission or accident beyond our reasonable control and includes in
particular (without limitation) the following:

strikes,
lock-outs or other industrial action;

civil
commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for
war;

impossibility
of the use of railways, shipping, aircraft, motor transport or
other means of public or private transport;

impossibility
of the use of public or private telecommunications networks;

the
acts, decrees, legislation, regulations or restrictions of any
government; and

pandemic
or epidemic.

Our
performance under any Contract is deemed to be suspended for the
period that the Force Majeure Event continues, and we will have an
extension of time for performance for the duration of that period.
We will use our reasonable endeavours to bring the Force Majeure
Event to a close or to find a solution by which our obligations
under the Contract may be performed despite the Force Majeure
Event.

Waiver

If
we fail, at any time during the term of a Contract, to insist upon
strict performance of any of your obligations under the Contract or
any of these terms and conditions, or if we fail to exercise any of
the rights or remedies to which we are entitled under the Contract,
this will not constitute a waiver of such rights or remedies and
will not relieve you from compliance with such obligations.

A
waiver by us of any default will not constitute a waiver of any
subsequent default.

No
waiver by us of any of these terms and conditions will be effective
unless it is expressly stated to be a waiver and is communicated to
you in writing in accordance with clause 13 above.

Severability

If any court
or competent authority decides that any of the provisions of these
terms and Conditions or any provisions of a Contract are invalid,
unlawful or unenforceable to any extent, the term will, to that
extent only, be severed from the remaining terms, which will continue
to be valid to the fullest extent permitted by law.

Entire
agreement

These
terms and conditions and any document expressly referred to in them
constitute the whole agreement between us and supersede all
previous discussions, correspondence, negotiations, previous
arrangement, understanding or agreement between us relating to the
subject matter of any Contract.

We
each acknowledge that, in entering into a Contract, neither of us
relies on, or will have any remedies in respect of, any
representation or warranty (whether made innocently or negligently)
that is not set out in these terms and conditions or the documents
referred to in them.

Each
of us agrees that our only liability in respect of those
representations and warranties that are set out in this agreement
(whether made innocently or negligently) will be for breach of
contract.

Nothing
in this clause limits or excludes any liability for fraud.

Our right
to vary these terms and conditions

We
have the right to revise and amend these terms and conditions from
time to time.

You
will be subject to the policies and terms and conditions in force
at the time that you order products from us, unless any change to
those policies or these terms and conditions is required to be made
by law or governmental authority (in which case it will apply to
orders previously placed by you), or if we notify you of the change
to those policies or these terms and conditions before we send you
the Dispatch Confirmation (in which case we have the right to
assume that you have accepted the change to the terms and
conditions, unless you notify us to the contrary within
seven working days of receipt by you of the Products).

Law and
jurisdiction

Contracts for
the purchase of Products through our site and any dispute or claim
arising out of or in connection with them or their subject matter or
formation (including non-contractual disputes or claims) will be
governed by the law of Northern Ireland. Any dispute or claim
arising out of or in connection with such Contracts or their
formation (including non-contractual disputes or claims) will be
subject to the non-exclusive jurisdiction of the courts of Northern
Ireland.

Third
party rights

A person who
is not party to these terms and conditions or a Contract shall not
have any rights under or in connection with them under the Contracts
(Rights of Third Parties) Act 1999.

Acceptable
use policy for Website and Forum/Gallery etc.

This
acceptable use policy sets out the terms between you and us under
which you may access our website waltzingmousestamps.com
(our
site). This
acceptable use policy applies to all users of, and visitors to, our
site.

Your use
of our site means that you accept, and agree to abide by, all the
policies in this acceptable use policy, which supplement our terms of
website use.

www.waltzingmousestamps.com
is a site operated by us. Our
main trading address is 25
Greenburn Way, Lisburn, County Antrim, Northern Ireland, BT27 4LT.
Our VAT number is GB 103 9972 07..

Prohibited
uses

You may
use our site only for lawful purposes. You may not use our site:

In any way that breaches any applicable
local, national or international law or regulation.

In any way that is unlawful or fraudulent,
or has any unlawful or fraudulent purpose or effect.

For the purpose of harming or attempting
to harm minors in any way.

To transmit, or procure the sending of,
any unsolicited or unauthorised advertising or promotional material
or any other form of similar solicitation (spam).

To knowingly transmit any data, send or
upload any material that contains viruses, Trojan horses, worms,
time-bombs, keystroke loggers, spyware, adware or any other harmful
programs or similar computer code designed to adversely affect the
operation of any computer software or hardware.

You also
agree:

Not to reproduce, duplicate, copy or
re-sell any part of our site in contravention of the provisions of
our terms of website use.

Not to access without authority, interfere
with, damage or disrupt:

any part of our site;

any equipment or network on which our site
is stored;

any software used in the provision of our
site; or

any equipment or network or software owned
or used by any third party.

Interactive
services

We may
from time to time provide interactive services on our site,
including, without limitation:

Chat rooms.

Bulletin boards.

(interactive
services).

Where we
do provide any interactive service, we will provide clear information
to you about the kind of service offered, if it is moderated and what
form of moderation is used (including whether it is human or
technical).

We will
do our best to assess any possible risks for users (and in
particular, for children) from third parties when they use any
interactive service provided on our site, and we will decide in each
case whether it is appropriate to use moderation of the relevant
service (including what kind of moderation to use) in the light of
those risks. However, we are under no obligation to oversee, monitor
or moderate any interactive service we provide on our site, and we
expressly exclude our liability for any loss or damage arising from
the use of any interactive service by a user in contravention of our
content standards, whether the service is moderated or not.

The use
of any of our interactive services by a minor is subject to the
consent of their parent or guardian. We advise parents who permit
their children to use an interactive service that it is important
that they communicate with their children about their safety online,
as moderation is not foolproof. Minors who are using any interactive
service should be made aware of the potential risks to them.

Where we
do moderate an interactive service, we will normally provide you with
a means of contacting the moderator, should a concern or difficulty
arise.

Content
standards

These
content standards apply to any and all material which you contribute
to our site (contributions),
and to any interactive services associated with it.

You must
comply with the spirit of the following standards as well as the
letter. The standards apply to each part of any contribution as well
as to its whole.

Contributions
must:

Be accurate (where they state facts).

Be genuinely held (where they state
opinions).

Comply with applicable law in the UK and
in any country from which they are posted.

Contributions
must not:

Contain any material which is defamatory
of any person.

Contain any material which is obscene,
offensive, hateful or inflammatory.

Be likely to harass, upset, embarrass,
alarm or annoy any other person.

Be used to impersonate any person, or to
misrepresent your identity or affiliation with any person.

Give the impression that they emanate from
us, if this is not the case.

Advocate, promote or assist any unlawful
act such as (by way of example only) copyright infringement or
computer misuse.

Suspension
and termination

We will
determine, in our discretion, whether there has been a breach of this
acceptable use policy through your use of our site. When a breach of
this policy has occurred, we may take such action as we deem
appropriate.

Failure
to comply with this acceptable use policy constitutes a material
breach of the terms of use [INSERT AS LINK TO TERMS OF USE] upon
which you are permitted to use our site, and may result in our taking
all or any of the following actions:

Immediate, temporary or permanent
withdrawal of your right to use our site.

Immediate, temporary or permanent removal
of any posting or material uploaded by you to our site.

Issue of a warning to you.

Legal proceedings against you for
reimbursement of all costs on an indemnity basis (including, but not
limited to, reasonable administrative and legal costs) resulting from
the breach.

Further legal action against you.

Disclosure of such information to law
enforcement authorities as we reasonably feel is necessary.

We
exclude liability for actions taken in response to breaches of this
acceptable use policy. The responses described in this policy are
not limited, and we may take any other action we reasonably deem
appropriate.

Changes
to the acceptable use policy

We may
revise this acceptable use policy at any time by amending this page.
You are expected to check this page from time to time to take notice
of any changes we make, as they are legally binding on you. Some of
the provisions contained in this acceptable use policy may also be
superseded by provisions or notices published elsewhere on our site.

Terms
of website use

This page
(together with the documents referred to on it) tells you the terms
of use on which you may make use of our website www.waltzingmousestamps.com
(our
site), whether as
a guest or a registered user. Please read these terms of use
carefully before you start to use the site. By using our site, you
indicate that you accept these terms of use and that you agree to
abide by them. If you do not agree to these terms of use, please
refrain from using our site.

Accessing
our site

Access to
our site is permitted on a temporary basis, and we reserve the right
to withdraw or amend the service we provide on our site without
notice (see below). We will not be liable if for any reason our site
is unavailable at any time or for any period.

From time
to time, we may restrict access to some parts of our site, or our
entire site, to users who have registered with us.

If you
choose, or you are provided with, a user identification code,
password or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you
must not disclose it to any third party. We have the right to disable
any user identification code or password, whether chosen by you or
allocated by us, at any time, if in our opinion you have failed to
comply with any of the provisions of these terms of use.

When
using our site, you must comply with the provisions of our acceptable
use policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].

You are
responsible for making all arrangements necessary for you to have
access to our site. You are also responsible for ensuring that all
persons who access our site through your internet connection are
aware of these terms, and that they comply with them.

Intellectual
property rights

We are
the owner or the licensee of all intellectual property rights in our
site, and in the material published on it. Those works are protected
by copyright laws and treaties around the world. All such rights are
reserved.

You may
print off one copy, and may download extracts, of any page(s) from
our site for your personal reference and you may draw the attention
of others within your organisation to material posted on our site.

You must
not modify the paper or digital copies of any materials you have
printed off or downloaded in any way, and you must not use any
illustrations, photographs, video or audio sequences or any graphics
separately from any accompanying text.

Our
status (and that of any identified contributors) as the authors of
material on our site must always be acknowledged.

You must
not use any part of the materials on our site for commercial purposes
without obtaining a licence to do so from us or our licensors.

If you
print off, copy or download any part of our site in breach of these
terms of use, your right to use our site will cease immediately and
you must, at our option, return or destroy any copies of the
materials you have made.

Reliance
on information posted

Commentary
and other materials posted on our site are not intended to amount to
advice on which reliance should be placed. We therefore disclaim all
liability and responsibility arising from any reliance placed on such
materials by any visitor to our site, or by anyone who may be
informed of any of its contents.

Our
site changes regularly

We aim to
update our site regularly, and may change the content at any time. If
the need arises, we may suspend access to our site, or close it
indefinitely. Any of the material on our site may be out of date at
any given time, and we are under no obligation to update such
material.

Our
liability

The
material displayed on our site is provided without any guarantees,
conditions or warranties as to its accuracy. To the extent permitted
by law, we, other members of our group of companies and third parties
connected to us hereby expressly exclude:

All conditions, warranties and other terms
which might otherwise be implied by statute, common law or the law of
equity.

Any liability for any direct, indirect or
consequential loss or damage incurred by any user in connection with
our site or in connection with the use, inability to use, or results
of the use of our site, any websites linked to it and any materials
posted on it, including, without limitation any liability for:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data;

loss of goodwill;

wasted management or office time; and

for
any other loss or damage of any kind, however arising and whether
caused by tort (including negligence), breach of contract or
otherwise, even if foreseeable, provided that this condition shall
not prevent claims for loss of or damage to your tangible property or
any other claims for direct financial loss that are not excluded by
any of the categories set out above.

This does
not affect our liability for death or personal injury arising from
our negligence, nor our liability for fraudulent misrepresentation or
misrepresentation as to a fundamental matter, nor any other liability
which cannot be excluded or limited under applicable law.

Information
about you and your visits to our site

We
process information about you in accordance with our privacy policy. By using our site, you
consent to such processing and you warrant that all data provided by
you is accurate.

Transactions
concluded through our site

Contracts
for the supply of goods formed through our site or as a result of
visits made by you are governed by our terms and conditions of supply, see top of this page.

Uploading
material to our site

Whenever
you make use of a feature that allows you to upload material to our
site, or to make contact with other users of our site, you must
comply with the content standards set out in our acceptable use
policy [above]. You warrant that
any such contribution does comply with those standards, and you
indemnify us for any breach of that warranty.

Any
material you upload to our site will be considered non-confidential
and non-proprietary, and we have the right to use, copy, distribute
and disclose to third parties any such material for any purpose. We
also have the right to disclose your identity to any third party who
is claiming that any material posted or uploaded by you to our site
constitutes a violation of their intellectual property rights, or of
their right to privacy.

We will
not be responsible, or liable to any third party, for the content or
accuracy of any materials posted by you or any other user of our
site.

We have
the right to remove any material or posting you make on our site if,
in our opinion, such material does not comply with the content
standards set out in our acceptable use policy [above].

Viruses,
hacking and other offences

You must
not misuse our site by knowingly introducing viruses, trojans, worms,
logic bombs or other material which is malicious or technologically
harmful. You must not attempt to gain unauthorised access to our
site, the server on which our site is stored or any server, computer
or database connected to our site. You must not attack our site via a
denial-of-service attack or a distributed denial-of service attack.

By
breaching this provision, you would commit a criminal offence under
the Computer Misuse Act 1990. We will report any such breach to the
relevant law enforcement authorities and we will co-operate with
those authorities by disclosing your identity to them. In the event
of such a breach, your right to use our site will cease immediately.

We will
not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer programs,
data or other proprietary material due to your use of our site or to
your downloading of any material posted on it, or on any website
linked to it.

Linking
to our site

You may
not link to our home page unless We have provided you with our
written consent. If such consent is provided, you may only link to
our site provided you do so in a way that is fair and legal and does
not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association,
approval or endorsement on our part where none exists.

You must
not establish a link from any website that is not owned by you.

Our site
must not be framed on any other site, nor may you create a link to
any part of our site other than the home page. We reserve the right
to withdraw linking permission without notice. The website from which
you are linking must comply in all respects with the content
standards set out in our acceptable use policy [above].

If you
wish to make any use of material on our site other than that set out
above, please address your request to Claire.brennan1@ntlworld.com.

Links
from our site

Where our
site contains links to other sites and resources provided by third
parties, these links are provided for your information only. We have
no control over the contents of those sites or resources, and accept
no responsibility for them or for any loss or damage that may arise
from your use of them.

Jurisdiction
and applicable law

The
English courts will have [non]-exclusive jurisdiction over any claim
arising from, or related to, a visit to our site [although we retain
the right to bring proceedings against you for breach of these
conditions in your country of residence or any other relevant
country].

These
terms of use and any dispute or claim arising out of or in connection
with them or their subject matter or formation (including
non-contractual disputes or claims) shall be governed by and
construed in accordance with the law of England and Wales.

We may
revise these terms of use at any time by amending this page. You are
expected to check this page from time to time to take notice of any
changes we made, as they are binding on you. Some of the provisions
contained in these terms of use may also be superseded by provisions
or notices published elsewhere on our site.

Your
concerns

If you
have any concerns about material which appears on our site, please
contact claire.brennan1@ntlworld.com.